tensions in detroit. the next question becomes what happens to those city retirees who have been clinging to those benefits. and the president is pushing this hour for higher minimum wage and charlie rangel is here to talk to us about that. >> remarks from the president and what he calls the defining issue of our time. just moments from now, his speeches would focus on income and inequality. the growing gap between the rich and poor. also, the economic benefits of obamacare. the white house is promoting this and quickly approaching the

deadline. in the meantime, today's top headlines. jon: caught on camera, plus the latest in the manhunt for the suspect. and loose change is really adding up in our nations airports all of that money you leave behind at security checkpoints could be spent and how low can you go. it is all "happening now" ♪ ♪ jon: good morning on this wednesday. the president giving a speech on the economy today to talk of obamacare again. all part of a three-week pr blitz to convince americans to sign up and soon. hello, i am jon scott. jenna: i am jenna lee. the presidents common coming on

the heels of the enrollment website 631 the website is trying to put the botched rollout behind it. getting that millions of enrollees getting the health care law work. the deadline to sign up for coverage next year is december 23. let's talk about with karl rove, a senior adviser and deputy chief of staff to president george bush. he is also a fox news contributor. that was part of her job when you are there to get the message out and get the programs in the public eye. can the president resell a program that has had such a difficult time? >> they had an enormously bad first impression and it is hard to convince people that this program isn't fundamentally flawed. there's a lot more bad news than there is good news.

millions have lost their private insurance coverage and they are finding that when they go on the website, they are paying higher premiums and higher deductibles in many cases, and they will find out if they don't have access to all the doctors and providers that they are familiar with. jon: when the president does what he did yesterday and we presume he will be doing something like this again today, he brings people again up on stage, who he says have been positively benefited by the affordable care act. and he highlights the stories and tells the rest of america to join him. is that enough? is that effective? >> you mentioned yesterday. the washington examiner had a very interesting point, that the white house come on like every other previous opportunity where the president has appeared with people who have benefited from his actions, they did not give out the names of the 19 people were standing next to the president and they probably

didn't want the media to focus on their personal circumstances. most of the benefits of the law have already been part of the case. the president has been talking about for months and months and you can have your tie child stay with it until they are 26 years old. they said you can get access to medicaid and a lot of people -- not a lot, but a significant number have been put into medicaid. they are finding out that it is not free, which they kind of had the impression it was, and some of them are finding out the quality of the program is not particularly high. the president is going to go out there first some days and attempt to get more people signed up. ironically, i think the thing that cause people to sign up is through the middle of october,, 6.2 million, i understand, those are policies and about

40 million people and those people have coverage and they are going to possibly have no lasting coverage on january 1. and that will drive more people to the website and the presidents speech about the great benefits of this law. jon: that is how i feel every year when i compile my taxes. i've spent so much of my life dedicating time to satisfy a government requirement. >> that is right. there are continuing problems with it, there will be back in problems getting to the insurer. and we have some evidence with the original expectation, everyday people that sign up for private insurance for coverage under the affordable care act, seven out of eight would get a subsidy. what we have is the evidence through the middle of november

and is compiled by "the wall street journal", it would indicate that those who signed up for private insurance in the state exchanges, 23% got a subsidy. and those that signed up from the federal exchange got less than 30% of a subsidy. the vast majority of people are going on and finding that their deductibles or higher, premiums are higher, putting more out of their own pocket to get the health care they are talking about. soon all of that information that is getting dumped into your health care dog. we will be talking about this. "the new york times" is speculating openly about who should be fired in the department of health and human services over the botched rollout of obamacare. >> he she has hold people accountable at some point.

there is an extraordinary struggle this weekend about the white house fixing the website. what was incredible as it took a couple of weeks after the website went up for the president to say, what are we going to do to get this fixed? so there will be some accountability and i would not like to be one of those people within the next couple of weeks. because they will be sweating it out. yes, heads will roll when the president has to do this. >> we are losing sight of this. i was taken by the appearance on sunday where he said everything will be hunky dory and that is after the president is out of office and setting very low expectations. but let's not forget that this does not solve the problem. in 2017, the year which everything is supposed to be hunky dory, 30 million people by

the administration's own estimates will be without health insurance in america. 45 million people is what we were going through without health insurance, and basically appending the entire system for everyone and still having two thirds of the people without insurance. jon: the president says that he is proud of obamacare and proud to call his legacy. you think that he will live to rue those words? >> i do. i think we will find is one more people lose their coverage and find that the coverage that was made available is not necessarily good, it's more expensive, people's experiences, talk to somebody the other day who told me 29 years old, healthy, had insurance, premiums are up 400%, and her deductible went from $2000 to $3000. and that is going to leave a very bad taste in people's mouths. and i think that that will

accelerate as we go through next year. jon: less than 10 minutes away, karl rove, vicky so much for joining us. jenna: a truck carrying radioactive potentially dangerous materials is reportedly missing. we have news coverage from our dallas bureau. reporter: that's right, telling fox news that they are working closely with the mexican authorities on this. they also tell us border patrol has special equipment to help detect radioactive material. it is fairly common, cobalt 60, it's used in medical procedures to treat cancer and according to a photo released by the national commission of nuclear commission and safeguard, it is on the inside of a white piece of medical equipment.

stored inside of a wooden crate with steel reinforcements. the shipment was on a volkswagen truck when it was stolen. and it happened near mexico city. while in route from a hospital over in tijuana to nuclear storage facility. but how was stolen and how much of it is not clear. but there is a great concern and ironically and it referenced this stuff. and i'm quoting here, materials could be used along with conventional explosives to make so-called dirty bombs.

>> the radioactive material is reported to the group every single year. jenna: that is scary stuff. thank you so much. jon: the lawmakers in illinois passing a major overhaul of the state pension system there. currently underfunded by the $100 billion, but the battle is far from over. we have more in chicago. derek, one is the governor expecting to sign this bill? and how is it all going to end up? >> it is said that the bill will be signed as soon as possible, but unions have said as soon as he does sign the bill, they will be filing a lawsuit saying that this bill actually violates a provision in the state constitution, saying that you can't make changes to the pension benefits their promise to the workers. unions all along have been fighting this bill and they say that it is not fair to hit

workers who have been making payments to the retirement funds while the state is required to make required payments, full or partial payments for years now. the governor believes that the state supreme court will ultimately uphold this bill, saying that it will be found constitutional. and this is expected to take several years going into 2015 before any of these are actually coming through. jon: if it takes several years, how hard is it going filling the budget hole in the state of illinois? >> it does not solve the entire problem. but many have said that they hope that this will stem the crisis from getting worse. what it means is when the state is looking to borrow money, they end up paying tens of millions

of dollars more each year interest than other states. they are hoping that this will save the state about $160 billion over the next 30 years. and that plan will do it by raising the retirement age for a lot of workers, and it will lower the annual cost of living increases that are part of these pension deals, workers are living longer now and also in addition, the plus side for workers, they will have to do 1% less contribution. it's not just illinois, it's not one that other states can

follow. jon: a lot of other states with that same problem as well. thank you so much, dear. >> we are expecting the release of 911 calls from the deadly shooting in newtown, connecticut that happened a year ago. and a rescue team trying to recover bodies from a sinking ship. imagine the divers surprise when he finds a survivor. [inaudible] ok. honey bunches of oats. ching! mmmm! mmmm! mmmm! wow! it's the oats. honey. yeah. honey bunches of oats. this is a great cereal.

jon: right now, a look at some headlines. an arraignment for this massachusetts teenager accused of murdering his teacher. her body was found in the woods near the school. and a man accused of storming los angeles international airport, killing a tsa agent.

also, seven phone calls made from sandy hook elementary school will be released in a few hours. this after a connecticut judge ruled that the calls should be opened to the public. jenna: before we get to that, a breathtaking rescue caught on camera. a search team diving off the coast of nigeria. going there thinking they were just going to recover bodies, you can imagine the shock when a live person reached out and grabbed one of the rescuers. it is an incredible story. reporter: that's right, look at the word miracle in the dictionary. he was given up for dead and his relatives had been told that he died and he was working on his

tugboat when it capsized and kenny himself thought he was going to die. but we now know that that is not the way things turned out. his entire rescue was caught on an underwater camera and has now become an internet sensation. during the ordeal, he was trapped for nearly three days in an air bubble and crews had already uncovered for bodies as he reached out in the murky waters of the planet. so listen to this. >> [inaudible] jon: telling and manchurian newspaper, he called out to god

and he was the only one on that tugboat to survive. eleven people died. jenna: that is so incredible. so how did they get him up to the surface? >> a number of special precautions had to be taken. and rescuers warmed him up in the ocean temperature was just above freezing. up until then, the only nourishment he had for three days with a single bottle of soda pop. he was given an oxygen mask and put in a decompression chamber. the diver was shocked to find someone alive. listen to this [inaudible] reporter: the rescue took place last may, but has only now

become widely reported after a video has been released and seen around the world. jenna: thank you, that is so wonderful. jon: a manhunt in texas. take a look at -- cam video. the suspect hiding with a police officer before fleeing. we will tell you all about it and what happened. plus, joe biden is visiting china right now. this comes at a time of high tension and the vice president is making a big request to chinese students. so my dog and i we're going to go find it. it's out there somewhere spreading the good word about idaho potatoes and raising money for meals on wheels.

but we'd really like our truck back, so if you see it, let us know, would you? thanks. what?

jon: a texas man on the run after police say that he murdered his girlfriend. it was all caught on tape. we have patti ann browne with more on that. reporter: , that is right, he is accused of stabbing his girlfriend and burning her body. eleven days ago he was pulled over in buffalo, texas. it was captured on the police dashboard camera. the officer did not realize that a suspicious man was morgan, but he tried to pull a pistol out from his waistband. during the struggle, police say that morgan had butted him untrendy officer. after falling to the ground, he got up and was able to get away. in a manhunt continues for the fugitive who is also believed to have stolen an atv from a barn and he broke into two vehicles, taking a wallet and a first aid kit and a poncho.

and last week authorities on a makeshift campsite in the woods, but they're not so sure that he's still in the area. >> is a very dangerous person. we are following up on any leads that we have. reporter: police are offering a 5000-dollar award. jenna: now we are going to turn over to vice president joe biden. putting air restrictions over the island, the vice president is telling students to challenge their leaders. >> we are calendaring challenging the status quo.

[inaudible] >> the only way you make something totally new is to break the mold. jenna: we have the former ambassador to the u.n. speaking with us. so what does the state? >> well, i think that nothing less than the balance of power could be changing in front of our eyes. this assertion of the air defense identification zone extends over the territory well removed from the chinese mainland and in particular it covers islands that are held by anne claimed by japan. so there is a lot of aggressive territorial claims with how other countries respond to it.

it will either be a success where they will back off. jenna: how are they doing so far? >> vice president biden was in japan before going on to china. while he said that the chinese declaration of this could lead to mistakes and was dangerous, he did not reject it explicitly, which you should have. the administration told the american civil air carriers to give china notification when their planes transit to avoid mistakes. japan and south korea have told their commercial carriers not to give notice. so anyway, we are acknowledging it. what we want is to resolve this peacefully, but i believe that china saw weakness on the part of the united states and i think we will see other productions of

power as we have in the south china sea and elsewhere as china asserts authority and doesn't find the united states contesting it. jenna: let's talk about china. they announced this move on the same day the we announced a deal with iran. and this includes what this means for our allies in israel. what does this mean for our allies in the east, and what positions that put us in? >> it is extraordinarily bad news for south korea and taiwan to start with. because they depend on being able to transit international space and these expansions of china's defense zone, especially in this case, held by japan and claimed by china, it is something that is unprecedented

and dangerous. i think that china announced this because they did not think it would be contested. in fact, we have not contested. so when you allow this kind of behavior to succeed, it tells the chinese leadership that they should try some more. it's an incentive for them to expand this and even more provocative ways. that includes the south china sea sea sea where they have party made territorial plans that would turn international waters in effect into a chinese lake. this is enormously important and the united states needs to focus on it. jon: i only have about a minute, but what leverage do we have and if we were saying that, why would china do a? >> the first move that was made, which i think was a response by the pacific command was to send to beat 52 bombers that are

capable of carrying nuclear weapons traveling rapidly to east and west and they could've been over there in just a few minutes of entering the zone. it should be no sign of indecision were this resolution. and we need to make it clear repeatedly both diplomatically that we have to transition that zone on a regular basis. that's like we tell them not to go on further. if we don't send a signal, we increase the risk. jenna: it is wonderful to have you on the program as always. and a nasty storms last the last. jon: maria molina next with where this thing is headed.

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of the debate that we are having right now, whether it is health care or the budget were reforming our financial systems. these things will have real implications for every american. i am convinced that the decisions that we make over the next two years will determine whether or not our children will grow up in america where opportunity is real. now, the premise that we are all created equal is the opening line in the american story. while we don't promised equal outcomes, we do strive to deliver equal opportunity. and the idea that success doesn't depend upon being born into wealth or privilege, it depends on effort and merit. with every chapter we have added to that story, we have worked hard to put those words into practice. and it was abraham lincoln, the

self-described poor man's son so that any man's son could go learn something new. a rich man's son named teddy roosevelt fought for an eight hour workday. and busted monopolies are kept prices high and wages low. when millions lived in poverty and a minimum wage. when millions died without health insurance, lbj thought for medicare and medicaid. so together we have forced a new deal and we have declared a war on poverty and we built a ladder of opportunity and stretched out a safety net so that if we sell,

it wouldn't be too far and we could bounce back. as a result, america built the largest middle class that we have ever known. and for for the three decades after world war ii, it was the engine of our prosperity. we can't look at the past through the rose-colored glasses. the economy didn't always work for everyone. racial discrimination left millions of opportunity and women were confined to poorly paid professions and it was only through struggle that more women and minorities and americans with disabilities began to win warfare rights and participate in the economy. nevertheless, during the post-world war ii years, the economic ground helped disable most americans in the future looks brighter than the past. for some people, that meant

following in her old man what steps and knowing that a blue-collar job let you buy a home and a car and maybe a vacation once in a while, health care and a reliable pension. in some cases, you may be the first person to graduate from college, without taking on a ton of debt, and able to function in a vibrant economy. it is true that even in those years, those claimed a much larger income than the rest. taking home about one third of our national income goes to the upper one third. it's an economy where everyone's wages and incomes were growing.

and so the kid on the floor, was pictured as being able to run the company sunday. starting in the late 70s, this began to unravel. and technology made it easier for companies to do more with less. eliminating certain job occupations. jon: if you'd like to continue to watch his remarks, we have them streaming for you live. the president talking about income inequality and something that he says is in part justified by the affordable care act. jenna: this fox news alert, telling you a little bit about what is happening with the steelers and the ravens. what happened is the baltimore

ravens look like they were going to run back to score a touchdown when mike tomlin stepped up and put your foot in and put it out. it almost looks like he is doing the hokey pokey. and so he said he would apologize for that and take whatever punishment would be handed down. so he will be fine for that one little step, $100,000, plus that the steelers may have to forfeit some choices in the 2014 draft. so we are not allowed to show you the play unfortunately. but if you are a football fan, you have seen this plenty of times. we will keep you will posted in the meantime, we will be right back with more "happening now"

jon: a good guy who testified before, congress make the disturbing thing about obamacare website. he said to your personal information not saved on health care.gov. to top it off, he says no security was ever built into the system and fixing it take a year or more. joining us now is david kennedy, ceo of this, no security at all built into this thing? >> we looked at the website whenever scott launched and we noticed a lot of basic things that haven't been done and just how it was constructed, the architecture around that. and this includes everything you have seen today. jon: what happens if you put your information in their? >> is a prime target for hackers. we have the potential of all that information being exposed and the federal government does

not have to expose a data. all the information can be taken and sold on the black market and you have no idea. jon: let's take a look at some of the information that you have to input on health care.gov. whether or not you smoke, your credit card data, and then this from the department of homeland security as well. if somebody gives the website all that information, what is it exposing them to? >> you have a huge recipe for identity theft and being able to sell your identity online, taking from your personal information, there's a huge underground market for people that sell the credit cards on line. if you look at this, they claim that the central piece behind

this connects the dhs to the irs, to experience of the third-party, all of those are trusted connections, especially foreign nations that are hostile to us, and when they go after that and start usenet for a lot of the other agencies that are out there as being the front door method into a. jon: you are saying that it's not just individual hackers who are potentially going to exploit this. you are saying that foreign nations could be after it is while? >> yes, we are being attacked all the time. we also have iran and russia in a lot of different countries that have capable information in this continues it we're looking at ways of different apartment so they can get information on u.s. citizens and how we operate and how we do things and it's basically a treasure trove of information that we have available.

so countries are a major target right now. jon: i'm even more scared than i was when i started the segment. the president saying sign-up for health care.gov. would you do it now knowing about the security as you do? >> no, but not right now. we haven't seen how does information is protected and if you look at the rollout, one october 1 came out, they had issues with stability and performance and the whole thing like that. there is a website with what you see and nothing to do with security and protecting your actual information. it's all about keeping website. all of these security flaws testified in front of congress a couple of weeks ago and we have expose those two and they haven't been fixed today. so there's critical exposures that still haven't been fixed today.

jon: david, come back and talk to us more. everyone in washington is saying, wow, health care.gov is rolling out. jenna: if you plan on flying this holiday season, grab all of your belongings and what travelers are leaving behind as leaving a windfall for the tsa. any new study about whether you can be fit and fat. how to make sure you are really very healthy. that is coming up next

jenna: a new study raising questions about whether it's possible to be both overweight

and healthy at the same time. researchers look at long-term data and they found out basically that any extra weight may be linked to a higher risk of heart attack and early death. this contradicts another study earlier this year but said that people who are overweight actually live longer than those that are thin. so let's talk more about these issues. we have an author and mental toughness trainer for dieters. it is so great to have you both to talk about this. so how are we defining overweight in this conversation? is that someone that is five or 10 pounds overweight? >> we are talking about using bmi as a measure, sometimes you get people who are very muscular and not just having too much fat. that is one of the problems of any study done on obesity. it wasn't statistically

significant, it's when we got the level of obesity when we saw changes with heart disease. but number one, a meta-analysis, meaning that they didn't go out to study this, they went to studies that already existed. let's play with the data that is not always that significant. number two, they did not look at exercise levels and that, whether you are thin or heavy, we have so much data, whether it be heart disease or cancer or dementia, exercise is a prevention piece. jenna: you deal with people on a regular basis that are healthy, but don't look overly thin. that is what i would like to get out of that segment. you have to be very slender to be different from that? >> i think this is common sense.

do we really need a study to tell us that if you are 75 pounds overweight, you are a heart attack waiting to happen? jenna: but what about just a little bit overweight? >> your risk goes down, the less overweight you are. so i think that we have a commonsense issue that we are trying to cloud with a lot of statistics and studies. i think we need to grow up in this country and realize that we are responsible and if we are fat, we are a heart attack waiting to happen and we have done this to ourselves. jenna: what could you tell our viewers today if they feel that they are in this category and they would like to change? >> grow up emotionally. >> is that what you tell your patients? i say start with 15 minutes of exercise. get moving. my thin patients get the same. i don't agree that all everyone who is overweight has an issue. i definitely have some very sick

people that not only look good metabolically, but they are exercising and that's the big thing that was missing in this study, and those people look fine. he's making some crazy claims that people eat for health and not for pleasure. this is eating for pleasure. and i do triathlons, so i can eat more. but that's great. [laughter] >> i agree, of course. the 500 people that i interviewed for my book, most of the major fitness and health and the fat people eat for health. you can afford to take some leeway on it if you're a little bit on the thin side and. jenna: okay, a big debate and we appreciate the time today.

it is great to see both of you and we thank you. jon: we just talked about it with david kennedy. the obamacare website becoming a target for hackers. new concerns over the safety of america's personal information.

jon: stroke of noon on the coast coast and new developments on our top story and breaking news this hour. another sign of troubles with obamacare, that they are far from over. a new report showing how the website is vulnerable to fraud. new information about that deadly train derailment in new york city. what investigators say now about the train's brakes. plus, should potential jurors in the jody arias sentencing retrial turn over twitter user names so defense attorneys can examine them? what the court just decide decide. those stories and more, all "happening now."

jon: well the president has been promising a push to get people on to obamacare. he is wrapping up a major speech on the economy right now which of course touches on obamacare. i'm jon scott. welcome to this brand new hour of "happening now." jenna: health care being 1/6 of the total economy. they're connected, aren't they? >> a little bit. >> hi, i'm jenna lee. great to see you today. the president is focusing on income gap between rich and poor. making his case against income inequality. he used speech to remind americans about the economic benefits of his troubled health care law as jon just mentioned. chief white who is correspondent ed henry is live from the white house with more on this today. good to see you, ed. >> reporter: these are the policies the president has been pushing since his very first presidential campaign in 2007, 2008, you need higher taxes on the rich. call it spend new money in, investment, education, infrastructure, et cetera. it is something he has been pushing republicans on capitol hill to support.

he met opposition obviously. on the issue of health care he believes it is all the same piece because he says that health security is very important to the middle class in this country. republicans have been saying for weeks with canceled policy the middle class is not feeling more secure about their health care right now but the president said a few moments ago this is the most important topic right now for both parties to be dealing with. take a listen. >> a dangerous and growing inequality in lack of upward mobility that has jeopardized middle class america's basic bargain. that if you work hard, you have a chance to get ahead. i believe this is the defining challenge of our time. making sure our economy works for every working american. >> reporter: now just as he did yes, when he sort of rebooted the health care law, at least tried to, he said that republicans have been blocking his efforts. they have been trying to

dismantle the affordable care act but also blocking his efforts on the economy there on capitol hill. he got very strong pushback on all of that today from the house republican whip, kevin mccarthy. >> that is just so not true because if you watched from the process of what the president has done, he goes on almost every other friday night and repets a little piece of the bill himself. he signed seven bills that repealed different pieces of law itself. he knows the bill won't work. he needs to get out to the american public and actually listen what is going on. new "gallup poll" came out this week, the more people know of the legislation itself, the stronger they disapprove of it. and that is a fundamental problem, even more than just a website. it is more than the idea that you have skyrocketing costs. you're not lowering the premiums which he said he would do. now people are finding out, a lot of them can't have the same doctors. >> reporter: now the broader issue here what is going on you've got a president who is trying to save his second term by rallying his liberal base.

this speech on income inequality, not an accident. it was delivered before the liberal center for american progress. later today, we're told the president will stop by a youth summit here at white house. young people very important in electing and reelecting this president but there is a harvard poll out today suggesting that at least 56% of 18 to 29-year-olds oppose the affordable care act right now. he needs those people, as you said a moment ago to sign up for this new law. not all of them doing it just yet, jon. jenna: interesting new numbers on the young, there. ed, thank you very much. >> reporter: good to see you. jon: you just heard ed talking about the president's remarks about the economy. mr. obama addressed the major debates in washington right now and the impact on americans. listen. >> between a reckless shutdown by congressional republicans in an effort to repeal the affordable care act, and admittedly poor execution on my administration's part in implementing the latest stage of the new law, nobody has

acquitted themselves these past few months. so it is not surprising that the american people's frustrations with washington are at an all-time high. jon: let's talk about with charlie hirt. he is a columnist for "the washington times." this is twice now in two days that the president, or his spokespeople have mentioned the government shutdown. they really want folks to remember that. i guess because it what, deflects from the attention that is being paid to the so-called launch of obamacare? >> they would love to get completely back to the government shut down and talk about that. jon, i don't think you can overstate how difficult this whole thing is going to be for democrats in next year's election. i can not think of another piece of legislation that was passed by, by the federal bought that reaches so far deeply into people's personal lives and costs them money. and actually, a lot of cases,

punishes people, the people that have been kicked off of, out of their health care programs, that they liked and with the doctors they liked. that kind of thing is what causes, you know, huge, huge, political shifts in congress, in a midterm election. >> but you heard david plouffe, the president's political advisor over the weekend say this all will be fixed, this will be fine, people have short memories. come spring they will not be thinking about this, loving their obamacare. >> i think why we hear them talking a lot about the website now. they love talking about the website. after the government shutdown, what do they want to talk about is the website. because the website will get fixed. you can, obviously you're going to always have the problems like the security problems that you were just talking about but, they can ultimately fix much of the website. the problem is, it doesn't work. people are getting forgessed out of their insurance. jon: it may be the tip of the iceberg. not a lot of people have enrolled.

as more people enroll and some of them may encounter security problems or enrollment problems or whatever, we may be seeing beginning of the problems. talk a little bit about the center for american progress. that's a great name. everybody wants progress in america but who is in the audience at the president's speech today? >> you're talking the most liberal part of the left. i mean it's the left of the left. jon: this is the george soros started organization? george soros-funded organization. >> and the group was instrumental in sort of, incubator for a lot of ideas about this health care plan but one of the interesting things, he was talking about young people and talking about the balancing out inequality of wealth but of course, the thing that obamacare does is, it takes money from young people, healthy people, and give it to wealthy people who are older. that is, so he can talk about all he wants to but his law does the exact opposite. jon: so as ed henry pointed out, that harvard university poll

showing 56% of americans, 18 to 29-year-olds would vote to recall this president right now. that is a pretty stunning figure. >> i think it will get worse, because a lot of people just sort of know about it, from on tv and things like that. they haven't really gotten into the nuts and bolts of it. jon: we'll continue to cover it reason as the president continues to tout it. charlie hirt, "washington times." >> thanks, jon. jenna: you talked about it a little bit earlier. we'll continue to talk about it now. more threats to your privacy over obamacare. the white house says over a million visitors logged on to healthcare.gov since it was fixed but lawmakers say security is still a big problem as hundreds of hacking attacks against the site. a new report claims you might be a target of fraud. chief congressional correspondent mike emanuel on capitol hill taking a closer look at this. mike? >> reporter: jenna there are ongoing security concerns with healthcare.gov, and lawmakers are asking what the consequences

are, who is accountable for security issues with the government website? house oversight committee chairman darrell issa says so far the taxpayers are ones being punished. >> failure of this website, some 640 million invested, win undoubtedly cause a loss of revenue many times that. the actual exposure to the vendors and individuals may be limited but to the american taxpayer it will be billions of dollars of lost revenue because of this failure. >> reporter: as healthcare.gov continues to get a lot of attention chairman issa held a hearing today looking at what he describes as the limitations of big government. the oversight committee's top democrat says in many cases there are problems initially with government programs but then they become popular. >> our government does not always work as well as it should but it is certainly capable of great things when there's a strong commitment to the underlying goals we all share.

>> reporter: house intelligence chairman mike rogers has expressed security concerns with the obamacare website. rogers told fox's greta van susteren, that the website gets hit thousands of times a day by people trying to get unauthorized access. one security expert tells me he is very concerned about the website which contains a vast amount of sensitive information. >> think of a house you've already built the foundation but the foundation's completely cracked. there is holes in the entire infrastructure and basically you have to gut everything out completely and rebuild it from the top. >> reporter: so even though healthcare.gov is getting a lot of attention for working better than it initially did there is a security expert telling you he thinks it is like a house with a broken foundation. jenna? jenna: mike emanuel live on capitol hill. mike, thank you. jon: great story about the woman who inspired a leading role in the 1986 blockbuster, "top gun. that real life woman is making headlines, proving she is

something of a maverick in her own right. we'll tell you how. breaking details in the horrific train derailment that killed four in new york. that's next. [ male announcer ] this is george. the day building a play set begins with a surprisewinge of back pain... and a choice. take up to 4 advil in a day or 2 aleve for all day relief. [ male announcer ] that's handy. ♪

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jon: we have some new information on the highest-ranking woman at the pentagon, christine fox. she was just named acting deputy secretary of defense, replacing ashton carter for now. she has extensive experience in defense budgeting but, a lot of people are talking about, she was the inspiration for the character played by kelly mcgillis in the movie "top gun" back in 1986. >> we're getting new information about the deadly trail derailment in new york city. according to the ntsb the train's brakes were functioning properly but they were not applied until it was too late. this comes as we're learning more about the engineer's record and what may have attributed to this deadly crash.

laura ingle joins us with the latest. laura? >> reporter: the engineer who told the head of his union he zoned out, just before the accident, reportedly working from the night shift to working early shift but had plenty of time to get sleep the night before sunday's deadly derailment. according to the union chief. according to published reports initially engineer william rockefeller told people that first came on the scene that the brakes failed as the it barreled into tight turn going three times the speed it should have been going. the leader of rail employees union, said rockefeller told him he tried to correct the mistake as soon as he realized what was happening. >> sometimes if a momentary nod or whatever that might be, how long it lasts, i can't answer that, only billy can, he caught himself but caught himself too late. he powered down, but the train in emergency, but that was six seconds prior to derailment. >> reporter: those comments landed trail union head in hot water. the national transportation

safety board removed association of trail employees as participating in the investigation due to breach of confidentiality of information in the case. head of federal railroad association issued a scathing letter to the metropolitan transportation authority on this fox news obtained that letter which reads in part, the specific causes of each of these accidents may vary but regardless of the reasons four serious accidents in less than seven months is simply unacceptable. joseph zabo adding that the agency has serious concerns and immediate correct -- corrective action is imperative. funeral plans are scheduled for two of the four victims. wake services for james ferrari of month throws, new york, and waker services for james lovell will be held tomorrow. jenna. jenna: thank you, laurie. jon: jody arias is about to face a sentencing retrial in the

murder of her lover but jurors are under the microscope. what the judge ruled on in an effort to force them to reveal their twitter handles.

jon: some new technology that could make high-speed car chases a thing of the past. in several states police are using gps rockets fired from their cruisers at runaway cars. the rockets allow officers to back off those dangerous chases and safely track a driver. oh but these things don't come cheap. dan springer is live from where else, seattle. dan? >> reporter: yeah, hey, jon. as it should be cost is a concern for these departments. looking at this technology, but

i got to tell you they're all very intrigued at the possibility of catching these fleeing suspects a lot more safely. it is an air cannon, a gps unit and super sticky glue. we got a demonstration in iowa where the state patrol just started using one. the air cannon is mounted to front of patrol car. it can hold two rounds. when the officer gets to within 50 feet and heated glue ball causes unit to stick. he can call off the high-speed chase and track the suspect from safe distance speed. this is pretty cool. if he is out of the patrol when the criminal takes off he can fire the gps unit using remote keypad. >> the suspect will slow down to the posted speed limits. they try to blend in with other cars. they don't want to be noticed anymore. they're thinking they have got away from us. >> reporter: but only delayed their arrest. so far police in iowa are two for two using the can onnone.

in austin, texas, please made 11 arrest this is way. officers tell me there are limitations. they will not fire in the rain or a car swerving or turning but they're all in favor of lowering number of high speed pursuits that kill a person a day in the u.s. 41% of the time the victim is an innocent bystander or motorist. the product and company that makes the system are called star chase. >> it allows the officers to really use different tactics on what would b traditional pursuit but just run it differently. and lower the adrenaline, lower the risk and it allows everybody to make better decision, even the criminal. >> reporter: as we said the system is not cheap. the cannon costs $5,000. every time you fire one of those gps units, it costs the department another $250, but that is not deterring departments from l.a. to seattle from looking at technology. we've seen some of these horrific crashes. as i said, so many times it is the innocent bystander that is

killed. jon? jon: just on our air we've seen a awful lot of police cruisers that get totaled as a result of these things. >> reporter: that's right. jon: i imagine it's a worthwhile investment. dan springer. thank you. jenna: fascinating story. from one technology we'll turn to another now. the courts are trying to catch up with social media and the defense is asking potential jurors in the jody arias resentencing retrial, to turn over their twitter user names. a judge ruling just moments ago that they do not have to turn over that information. they will not be forced to turn over that information. the defense arguing they might be talking about the case online and they want to know about it. arias was of course convicted in may in the brutal murder of her boyfriend and her fate right now is unknown at this time. we'll talk about what this means just in general for where we stand right now in the case. faith jenkins is joining us, former prosecutor, and brian silber, a criminal defense attorney. both of you disagree with the judge on this. brian, why? >> well, listen, you know, with all due respect to the court,

and i want to be clear i respect the judge's decisions this is one of those discretionary matters but we're in the 20 first century and twitter is one of the number one areas where you can learn about a juror's true to heart feelings. it is like one of those situations where you get to read the diary or even pillow talk with the spouse so to speak. this is something that give as clear, unbiased, objective insight and it was completely shot down. here's my real problem with it. there is no harm or foul to the prosecution or to these jurors. there is no expectation of privacy on the internet. it costs nothing but they were shot down anyway. jenna: faith, let me ask you though, if you have a juror's name you can look them up on twitter. for the most part, if you're not locked account you can sort of look at it anyways. they don't need to be forced to give that information to you. it is out there right now. i can follow you on twitter. >> well, exactly, but the attorneys and they do do that. we often in every trial we look up people's twitter handles, facebook pages, to zoo see what

is going on. perhaps they don't use their names or perhaps have other accounts that the attorneys may not be able to look up by doing search of the name. asking for this information and they're providing it, they have to provide their addresses, phone numbers. twitter handle is less intrusive than those things even. think about the reason why jody arias's attorney asked for this information. because it was a problem in the last trial. this is a retrial, an opportunity for the judge to address some issues that came up before. now in this retrial phase. there was juror reached out to by someone in the public on social media on twitter. that is his concern going forward. he wants to see what the jurors are talking about on social media. in very high-profile case, people want to be on these cases. you want to see if there are any hidden agendas. jenna: if that is the case and that is the concern, to face the point, brian you could have a million different accounts and not have the real identity associated with that could a judge rule that jurors have to

be completely off all forms of social media for the entire case? is that something a judge can force and has forced jurors to do? >> absolutely and that is the rule of sequestration but that's not our issue here. that's, you know, we're looking at something totally different. one thing to make jurors not talk about what's going on in the courtroom. another thing is to give the lawyers an opportunity to pick a fair and impartial jury. that is where the twitter information is coming in. jenna: where do you draw the line, brian? granted you forced jurors to turn over their phone numbers and addresses and everything else but where do you -- is it a slippery slope where you draw the line? it is twitter. it is facebook. it is your instagram account. then it seems like it is becoming intrusive on a juror. >> respectfully i disagree with that. when you go online and put yourself out there and you tweet something to the worldwide web there is no privacy. everyone knows it. guess what? that is one of the tenets of law

enforcement when it comes to prosecuting cybercrime. and you know the horrible crimes of let's say, child pornography offenses, parks, these awful, terrible, people go online solicit turn out to be under cover agents. they have no protection because there is no privacy. that is good law, it should be that way. it applies also into this case as well, not just in those cases. >> to protect the integrity of the process to get fair and impartial jurors. this is death penalty case. >> absolutely you. >> understand the importance of that. you know, hey you may have to turn over your twitter handle but that may be a little intrusive. someone is facing the death penalty here. that is more important. >> correct. jenna: let me ask you this question. you know who is active on twitter, not jon scott, check how the his twitter account. jody ann arias, on twitter all the time. talking about her artwork and toilets continuing to run. anyone can look at this

including potential jurors. so what about that side of it? should she be kept off of social media as well? should something be done here? brian, quick thoughts and faith we'll get you. >> quickly some people just can't get out of their own way. she should stop for her own benefit. she has a freedom of speech. no law or judge can tell her to stop talking. clearly that can't be done. i think it is foolish. she should pipe down and let her lawyers defend her. >> i'm sure she has been advised to not tweet. i don't think jody arias listens to much advice from her attorney at times from what we've seen. she has every right. potential jurors, will be asked, have you read jody arias's tweets? have you been exposed to her on social media? she is making it harder for herself to find fair and impartialal jurors. jenna: she has picasso lillys.

she is convicted murderer, just so everybody knows. brian, faith, thank you very much. jon: tainting the jury pool with tweets about toilet. jenna: doesn't follow you, jon scott but follows geraldo rivera. just so you know. jon: i will work on that. the president is among those pushing our nation to generate green energy but that could come with a major problem. the power grid might not be ready to handle it. an "l.a. times" report says wind and solar may be too much for our fragile electrical grid. we'll ask the reporter what he found next. plus part of the country getting hit right now with a major and very cold storm. meteorologist rick reichmuth joins us next. hey kevin...still eating chalk for heartburn?

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jenna: now fox weather alert. snow and wind and bitter cold. not exactly the most friendly weather alert but we'll take i because those are the facts. major storm making its way through the plains and midwest. you have gusty wind and plummeting temperatures and creating dangerous conditions over the next few days so we're glad to have meteorologist rick reichmuth in studio in the warm. >> i tell you, this is a big storm. good this didn't happen right on thanksgiving. if you're traveling right now be ready for this. if you're out across parts of the west you have to be prepared for an incredible storm and some of the coldest air probably we'll see all season long.

these are the current temperatures right now. only 3 degrees parts of montana. the win chills feels much, much colder. factor the wind in, feels, minus 19 in some cases. tonight it will feel like lower than minus 30. cold air is in place. snow we're dealing with. snow sticks on the roads. no melting at all of that. it will make conditions very dangerous. windchills towards denver, minus 17 in parts of the rockies, incredibly cold. temperatures changed very quickly. we dropped 4degrees. almost 50 degrees colder than you were 24 hours ago in the denver area. when it is cold someplace it warms up in some other place. that's what we're seeing in the east. getting a temporary break as cold air will move in eventually. billings, montana, the five-day forecast, the cold is here. high temperatures of minus 10 or

minus 11. overnight air temperatures pushing minus 20. dangerous cold. plug in batteries in the cars. anybody up there they understand that here is where we're seeing snow right now. that colorado snow i think will taper off this afternoon. upper plains snow this evening. then we'll see another branch, piece of this energy develop across parts of southern plains in areas of texas and oklahoma, through arkansas, mill suri, illinois, kentucky, tennessee. where you see the pink, that is icing we'll watch. that is very dangerous on the roads, guys. when you get icing, even best driver in winter can not drive on ice. talking about a snowstorm, ice storm. wind cold, something for everybody. this is powerful for a december storm. jenna: good heads for us today, rick, thank you. >> you bet. jon: there are new concerns right now about clean energy. a report in the "l.a. times" says the nation's electricity network is far from ready to take on the power generated from renewable energy sources. it says, using alternative

energy like wind or solar power adds unprecedented levels of stress to a grid designed for the previous century. integrating green energy is going to be a major and expensive challenge. let's talk to a reporter for "the l.a. times" who wrote that article. interesting piece, evan. maybe the unintended consequences of good intentions. you put up some windmills. you think you will be generating green power, free power, non-polluting power but it comes with a problem attached. what did you find? >> well the problem is that the grid is based on, as you said, a century-old technology when power was steady and power is coming out of coal plants and later gas plants t would be a steady level of energy coming out of the plant on to the grid and they can predict where it was coming, where they could send it to. now you have intermittent sources. wind may be blowing and stop at a moment's notice. a thick cloud could come over the sun and could wipe out,

large amount of solar power being generated from one area of the country and so the grid needs to be updated to deal with all this and it's a very costly undertaking. jon: and the grid is designed, as you point out in your piece, to keep a stable and reliable supply of power rolling all across the country. states and regions are constantly trading power as they need it and as they use it. >> that's right. it's not that it can't be done and it should be noted that the grid, even without all this renewable energy is having problems. part of this the infrastructure investment that needs to be made to keep the grid stable no matter what kind of power it is using, it hasn't met with the demand. but, you know, when those invests are made, right now they're catered to be made toward traditional forms of fossil fuel energy. there needs to be complete overhaul to stablize the grid so it can handle all the renewable energy that states are planning on bringing online in next

couple decades. jon: you point out what happened back in san diego a couple summers ago as an example of the kind of thing we could be in for if they don't get this fixed. that was a terrible power outage that hit the san diego area. >> that is big concerns, that there is some kind of a collapse and those kind of outages are more frequent. if they can't be certain of the supply. if they can't figure out where energy is coming from, where it needs to go, get algorithms right, market system right, it is an incredibly complicated, huge undertaking. in fact a group of scholars from cal tech said getting this right, could be one of the most difficult undertaking industrialized society has before them. the cost is looking something in the nature after trillion dollars between now and 2030. jon: as you point out it is not just a matter of hardware and power lines. it is also a matter passing laws and new legislation because that is very complicated area as well. interesting piece in the "l.a.

times." evan who wrote it. thank you. >> thank you, jon. jenna: we have break news out in the san francisco bay area. what you're looking at there is a commuter train, a packed commuter train, bart train as it is called out in san francisco, that has been stopped on the track. this is getting extra attention. we had the big commuter train accident out in new york just over the weekend. now we're hearing one of the cars, or maybe more of this bart train filled with smoke or reports of smoke. what we're hearing from bart, there was some sort of an issue with the parking brake. we're not quite sure when the smoke started. we understand it was about an hour ago. we don't know exactly the conditions. meantime it is in the height of the commute. it was an 8:15 or so train. height of the commute in the bay area. a lot of folks are stranded there trying to figure out what's next. we'll continue to watch it. smoke reported. a train stopped. we'll keep you posted as we hear more from the san francisco area. well he was working for our

government when he was arrested and detained by cuban authorities. he is now today, as we speak behind bars. where he has been for the last four years. his wife is fighting for his release, and she joins us live next. >> look what we have here. >> so christmasy here in the lobby. >> top of the hour, big show. darrell issa fresh from the obamacare hearing. he is our lead guest. >> scott brown will talk about the midterm elections and talk about his political future. >> ho, ho. >> let farmer: hello, i'm an idaho potato farmer.

and our giant idaho potato truck is still missing. so my dog and i we're going to go find it. it's out there somewhere spreading the good word about idaho potatoes and raising money for meals on wheels. but we'd really like our truck back, so if you see it, let us know, would you? thanks. what? shhhh! shhhh. [ coughs ] have a cold with thiannoying runny nose. [ sniffles ] i bett take something. [ male announcer ] truth is, dayquil cold and flu doesn't treat all that. it doesn [ male announcer ] nope. [ sniffles ] alka-seltzer plus fights your worst cold symptoms plus has a fast acting antihistamine

to relieve your runny nose. oh, what a relief it is! [ man ] shh! for fast cold and flu relief, day or night, try alka-seltzer plus day and night liquid gels. jenna: happening now, an in depth look at plight of americans jailed overseas in hostile nations and the struggle to bring them home. we've covered a few of their stories on "happening now",

including the christian pastor, saeed abedini locked up in iran past year-and-a-half. we have merrill newman american veteran held in north korea. this story breaking over last several weeks. alan gross, a u.s. citizen serving 15 year sentence in a cuban prison for his work on a government project n an open letter published in the "usa today." writes this, as we approach the four year anniversary of alan's arrest imprisonment and nightmare i hope the united states and cuban governments will here my plea. i ask alan country, the country he was serving, and my president do what it takes to bid my husband home. four year anniversary of alan's imprisonment passed yesterday and alan's wife judy gross is with us on the program. nice to have you here. >> thank you. good to be here. jenna: you've been married 43 years. we had not the pleasure of meeting alan. i was curious if you could tell

us a little bit what he is like? >> alan's personality is very gregarious. he is very friendly. the kind of person who everybody likes as soon as they meet him. more importantly though alan is also a real humanitarian. he is worked in over 50 countries on humanitarian projects, helping families come out of poverty. so he's just a very giving, giving kind of person. jenna: i understand you met when you were 18 years old. so you really had an incredible life. two daughters as well. four years ago your husband says to you, i'm going on a business trip. a business trip he has taken before. why did he go to cuba? >> because alan is such a humanitarian, and because he likes helping people, and because he had been to the jewish community in cuba before, when this trip came up and when

the government gave him or offered him to go to cuba, he, he obviously, he just took it with no question. he was doing two things. he was working with the jews he loved in cuba and he was helping them doing, helping them connect to the internet so they could see things like pictures of israel and things that they had never had access to before. jenna: so that was his fifth trip to cuba. he had been there many times. this time it ended differently. through a course of eries of -- series of events he ended up in prison. he penned a letter to the president of the united states on the anniversary of his imprisonment. i want to read that to our viewers. with the utmost respect, mr. president, i fear the government, the very government serving when i began this nightmare abandoned me. officials have expressed sympathy and called for my unconditional release and very much appreciate that but it has not brought me home. it is clear to me, mr. president, only with your

personal valveinvolvement can my release be secured. have you heard anything from the white house, judy? >> since that letter, no. no, i never heard anything from the white house. jenna: what has your interaction been with our government working for your husband's release? >> you know, i have worked with several different government agencies and to be honest, i get sympathy and a lot of rhetoric but, so far there has been nothing behind those words. there is nothing at all substantial has happened. i will say i have worked with congress, senate. they have been wonderful. some senators have visited alan, written letters in his behalf to both cuba and to the president and, it's been very comforting to have congress on my side. our side. jenna: you visited alan in the past. what are the conditions like where he is now? >> i've never been able to

actually see his cell. they have this very large guard in flak vest and machine guns standing there. so i can't see the cell. so we're in a little anteroom usually an examining room inside, like an infirmary of where he is and, but, from what he describes i know his cell is very, very tiny. he shares it with two others. a lot of times he has no water. the lights are on 24 hours a day. he has had things crawling in his food. it's been quite difficult for him. jenna: we're showing some photos of alan before he left on his trip and now. we can see the weight loss. i know there are some health concerns as well. you mentioned bipartisan support you're getting from congress. what would you like to have done? what do do you need now, judy? >> what we need now is for president obama to get

personally involved in alan's case. up to now we've heard nothing and he is the leader of this country. if anybody can get it done, it is the president. but he needs to make it his case. he needs to get involved. if he, he could get alan out tomorrow if, if that's what he waned to do. jenna: how do you make sense of the fact that hasn't happened thus far? >> that's a great question. and i can't make sense of it. i think that it's a great question to ask the white house. jenna: judy, i know we can't do a lot from afar but i'm sure our viewers will keep you and your family in their prayers and, i believe that that can help. i hope it does. judy, we'll be talking to you and hopefully checking in with you over the course of the next several months to see how things are going. thanks for the time. we appreciate you sharing your story with us. >> thank you so much for having

me. jon: you know you hear about americans being taken from time to time in places like north korea but they're on individual missions for whatever reason. this was a guy who on a government mission. jenna: again he has been there, this is his fifth trip. jon: wow. jenna: meantime there is illness in his family. his daughter got married. he was unable to walk her down the aisle. nice to get idea of personal cost of the we talk about the foreign policy side of all of this, right? there is certainly a personal price. we see. we reached out to the white house by the way for comment, to see what happened to the letter that alan sent the president. we're waiting to hear about. when we get a response we'll share that with you. jon: seems like the government ought to do more for one of its enemployees. searching for answers in the tragic death of paul walker. autopsy results are expected any moment. what they can tell us about the terrible crash that killed the hollywood star and his friend. hi, i'm terry and i have diabetic nerve pain.

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jenna: update on the commuter train out in the san francisco bay area. what you're taking a look at there is oakland, california, where a bart train is stopped and apparently there was a lot of smoke around this train and there were some questions about passengers suffering from smoke inhalation because of that. apparently there was no fire but it was on issue with the brakes. so we're sort of piecing this together but right now we know although there have been some treated for smoke inhalation but no serious injuries so far and we're trying to figure out what caused the smoke in the first place. we'll try to keep you posted on that. jon: we could learn more details today about the death of actor paul walker. l.a. county coroner's office continuing autopsies on walker and his friend roger rodas. they died after the porsche they were both riding in crashed into

a pole and burst into flames. julie band dare as is here with the "fox 411". >> could be weeks before the detectives wrap upped investigation. the violent car cash that killed "fast & furious" car paul walker and his friend roger rodas will take longer than anticipated. we have just learned the coroner's office will release the autopsy report 1:00 p.m., minutes from now. as to the police investigation what happened saturday afternoon there are conflicting reports who was actually driving. it was originally believed rodas was driving and walker was a passenger. that information will come out after detectives complete their investigation. an investigation which includes retrieving computerized data from the car, that would show its performance in the moments just before the crash. one thing is certain though, a preliminary investigation does indicate speed was a factor but just how fast they were traveling in a 45 mile-per-hour zone has yet to be determined. so far police say investigators have found no evidence of a

fluid leak at the scene. this contradicts sources at the auto shop were the car was stored and maintained who told "tmz" they saw evidence of steering fluid at the accident site, indicating a leak, possibly causing the driver of the 605-horsepower porsche carrera gt to lose control. a friend of the mendown played speculation they were drag racing before they crashed into a light pole and tree and the car burst into flames. ironic and tragic end to the life of an actor whose favorite role was playing a drag racer in an incredibly successful film franchise for over a decade. here he is. >> the last 10 years of my life, actually stand for something. i've been a part of something, you know, that people appreciate. and you know, it has been part of a their lives for a long time and they still want more. so there is no better satisfaction that comes from something like that. >> of course we will keep you updated as we await on the report from the coroner's office in just moments. back to you. jon: julie, thank you. we'll be right back.

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my dad called from denver and said it is positively chilly out there and your puffy coat will have to come out. >> it is not yet winter. thanks for joining us. >> bill and ally are up next. >> good afternoon. three separate hearings on the hill and welcome to hq, i am bill hemmer. >> and i am alisyn camerota. republicans and the republican roll out. and it is the insurance policy and help subcommittee. and the house oversight committee and investigating whether obama care man date are a product of government overreach. >> and how significant could it be that families show up on